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12-361 - McClurg et al v. MI Holdings, Inc. et al


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12-361 - McClurg et al v. MI Holdings, Inc. et al
September 11, 2012
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the times set forth in the Court's Scheduling Order dated August 20, 2012, for the parties to agree upon a Medical Release Form, for Plaintiffs to provide Defendants with signed copies of the agreed-upon form, and for Lead Counsel and Liaison Counsel to file a joint status report, shall all be extended by ten days. Signed by District Judge Audrey G. Fleissig on 9/11/2012. (NCL)
March 27, 2013
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants AFC and Citigroup, Inc.s motions to dismiss these actions against them for lack of personal jurisdiction are GRANTED. (Doc. No. 98 in McClurg v. MI Holdings, et al., No. 4:12CV00361 AGF; and Doc. No. 68 in Adams v. MI Holdings, Inc., No. 4:12CV00641 AGF.) IT IS FURTHUR ORDERED that Plaintiff shall have up to and including May 10, 2013, to file amended complaints that sufficiently plead a cause of action under the PAA. Failure to do so will result in dismissal of these actions. IT IS FURTHER ORDERED that the remaining Defendants motions to dismiss shall be GRANTED with respect to Counts Two through Eight of the complaints in these actions, and DENIED with respect to Count I without prejudice to file a new motion to dismiss addressed to any amended complaints filed by Plaintiffs. (Doc. Nos. 39, 63, and 72 in McClurg v. MI Holdings, et al., No. 4:12CV00361; and Doc. Nos. 51, 34, and 42 in Adams v. MI Holdings, et al., No. 4:12CV00641.) ( Response to Court due by 5/10/2013.) Signed by District Judge Audrey G. Fleissig on 3/27/13. (JWJ)
April 4, 2014
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the motion of Plaintiffs in the three above-listed cases to file second amended complaints is GRANTED. (Doc. No. 181.) IT IS FUTHER ORDERED that the Clerk of Court shall separate the proposed second amended complaints that are attached as exhibits to Plaintiffs' motion and docket them as Second Amended Complaints, each in the appropriate action listed above. IT IS FURTHER ORDERED that Defendants' motions to dismiss the first amended complaints in the three actions listed above are DENIED without prejudice to Defendants refiling, by incorporation or otherwise, motions to dismiss the second amended complaints in these actions. (Doc. Nos. 170, 171, 173.) Signed by District Judge Audrey G. Fleissig on 4/4/2014. (NCL)
May 29, 2014
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the motion of Plaintiffs in the three above-listed cases to file second amended complaints is GRANTED. (Doc. No. 178.) IT IS FUTHER ORDERED that the Clerk of Court shall separate the proposed second amended complaints that are attached as exhibits to Plaintiffs motion and docket them as Second Amended Complaints, each in the appropriate action listed above. IT IS FURTHER ORDERED that Defendants motions to dismiss the first amended complaints in the three actions listed above are DENIED without prejudice to Defendants refiling, by incorporation or otherwise, motions to dismiss the second amended complaints in these actions. (Doc. Nos. 156, 158, 160.) Signed by District Judge Audrey G. Fleissig on 5/29/14. (JWJ)
February 27, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant Cotter's motions for joinder are GRANTED. (Doc. Nos. 222 & 253.) IT IS FURTHER ORDERED that Defendant Mallinckrodt's motions to dismiss are DENIED. (Doc. Nos. 210, 221 & 252.) IT IS FURTHER ORDERED that Defendant Cotter's motion to dismiss is GRANTED in part and DENIED in part. (Doc. No. 212.) The motion is GRANTED with respect to the following Plaintiffs' public liability actions against Cotter: (SEE ORDER FOR DETAILS). These Plaintiffs' claims against Cotter are DISMISSED. In all other respects, the motion is DENIED. Signed by District Judge Audrey G. Fleissig on February 27, 2015. (BRP)
March 8, 2016
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiffs request for production of documents that Defendants attorneys collected from the State Historical Society of Missouri (Historical Society) and those obtained from defense counsels Freedom of Information Act (FOIA) requests is DENIED. Signed by District Judge Audrey G. Fleissig on 3/8/16. (KCB)
May 10, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs emergency motion for sanctions is GRANTED in part and DENIED in part. (Doc. No. 358.) The motion is GRANTED with respect to Plaintiffs requests for an award of attorneys fees incurred in bringing this motion in the amount of $1250, for a detailing of any documents that have been destroyed, and for an extension of Plaintiffs expert disclosure deadline; the motion is otherwise DENIED without prejudice to reconsideration as stated in this Order. IT IS FURTHER ORDERED that on or before May 16, 2016, Defendant Mallinckrodt LLC shall file an affidavit by appropriate person with knowledge attesting to whether any documents at the Iron Mountain facility were destroyed after the date of the litigation hold and, if so, describing the documents that were destroyed. IT IS FURTHER ORDERED that the parties shall confer and attempt to reach agreement on a proposed amended Case Management Order addressing the amended deadlines discussed in this Order, and no later than May 24, 2016, the parties shall submit their proposed amended schedule or, if they cannot reach agreement, their respective positions, as part of their joint status report for the previously scheduled May 31, 2016 status conference. ( Response to Court due by 5/24/2016.) Signed by District Judge Audrey G. Fleissig on 05/10/2016. (KCB)
October 31, 2016
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Defendants motion for reconsideration and judgment on the pleadings is GRANTED. (Doc. No. 427.) IT IS FURTHER ORDERED that the parties shall carefully confer and, within 14 days of the date of this Order, shall advise the Court of their agreed or respective positions as to which Plaintiffs filed PAA public liability actions alleging wrongful death more than three years after the date of death of their decedents.. Signed by District Judge Audrey G. Fleissig on 10/31/2016. (KCB)
December 9, 2016
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MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Defendants motion for a protective order (Doc. No. 428) is GRANTED in part, as follows: (1) Plaintiffs shall pay 18% of the costs Defendants incurred in collecting and producing medical and other records of Plaintiffs who filed their claims on or before March 15, 2016, in order to access and obtain such records from Defendants third-party vendor; (2) provided, however, that the out-of-pocket costs Plaintiffs already incurred to collect records of Plaintiffs who filed their claims on or before March 15, 2016, shall be deducted from the 18% fee Plaintiffs are required to pay, to the extent Plaintiffs produced such records to Defendants on or before September 30, 2016. IT IS FURTHER ORDERED that, to the extent Plaintiffs desire to access the medical and other records of Plaintiffs collected by Defendants going forward, the parties shall promptly confer in good faith and attempt to reach agreement on an appropriate scope of collection, allocation of costs, and credit for records collected and produced by Plaintiffs. Signed by District Judge Audrey G. Fleissig on 12/9/2016. (NEB)
January 19, 2017
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Defendants motion to dismiss member case, Bendyk v. Mallinckrodt LLC, et al., Case No. 4:16-cv-1135, is GRANTED. (Doc. No. 470.) IT IS FURTHER ORDERED that Plaintiffs motion to reserve entry of final judgment is DENIED. (Doc. No. 471.) IT IS FURTHER ORDERED that the claims of the Plaintiffs listed in Doc. No. 477-1 shall be severed. The Clerk of Court shall open and randomly assign a new case for each Plaintiff listed in Doc. No. 477-1, using the complaint filed in each case. After these cases are severed, each of the severed cases shall be consolidated with this Lead Case, so that the Court may enter final judgment with respect to each. IT IS FURTHER ORDERED that a separate Judgment will accompany this Memorandum and Order with respect to Case Nos. 14-cv-0668, 14-cv-0669, 14-cv- 0670, 14-cv-0671, and 16-cv-1135. A Judgment with respect to the 21 cases to be severed, as described above, will be entered following severance and consolidation. Signed by District Judge Audrey G. Fleissig on 01/19/2017. Associated Cases: 4:12-cv-00361-AGF et al.(KCB)
April 21, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs motion to amend the scheduling order is GRANTED. ECF No. 534. Plaintiffs shall have until April 28, 2017 to supplement their expert disclosures. IT IS FURTHER ORDERED that the parties shall confer in good faith regarding any further amendment to the Case Management Order that may be necessary as a result of this extension. Signed by District Judge Audrey G. Fleissig on 04/21/2017. (KCB)
May 30, 2017
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MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Defendants' joint motion to dismiss for failure to substitute proper parties is GRANTED in part and DENIED in part as set forth above. ECF No. 547. IT IS FURTHER ORDERED that Plaintiffs shall have 14 days from the date of this Memorandum and Order, to file amended complaints sufficiently pleading a cause of action under the Price-Anderson Act for injuries resulting in death, if appropriate, with respect to Leon Anderson, Case No. 4:14-cv-00037; William Donaldson, Case No. 4:12-cv-00361; William McHenry, Case No. 4:14-cv-00037; and Jerry Roth, Case No. 4:14-cv-00351. Failure to do so will result in dismissal of these decedents' claims. IT IS FURTHER ORDERED that Plaintiff Michele Curran's claims, in member case No. 4:15-cv-01011-AGF, are DISMISSED pursuant to Federal Rule of Civil Procedure 25(a)(1). IT IS FURTHER ORDERED that, to the extent they have not already done so,Plaintiffs' attorneys shall disclose in filings with the Court the dates of death of any deceased Plaintiffs. IT IS FURTHER ORDERED that the Clerk of Court shall file this Order in the lead case as well as the associated cases noted above. Signed by District Judge Audrey G. Fleissig on 5/30/2017. (NEB)
July 6, 2017
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Defendants joint motion to strike Plaintiffs supplemental expert reports on common issues is DENIED. ECF No. 574. Signed by District Judge Audrey G. Fleissig on 07/06/2017. (KCB)
July 7, 2017
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Defendant Cotter Corporations motion to dismiss Metz v. Mallinckrodt, Case No. 4:17-cv-00968-AGF, is DENIED. Case No. 4:17-cv-00968, ECF No. 12 IT IS FURTHER ORDERED that Plaintiffs motion for relief from the requirement to produce preliminary expert reports is DENIED. ECF No. 555. Plaintiffs shall produce any past-due preliminary expert reports within 60 days of the date of this Memorandum and Order, and shall continue to comply with the Case Management Order for all newly-filed cases, within 60 days of the filing of the case.. Signed by District Judge Audrey G. Fleissig on 07/07/2017. Associated Cases: 4:12-cv-00361-AGF, 4:17-cv-00968-AGF(KCB)
July 21, 2017
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MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Plaintiffs' motion for leave to supplement their common-issues expert reports is GRANTED in part, as set forth above. ECF No. 608. Signed by District Judge Audrey G. Fleissig on 7/21/2017. (NEB)
August 8, 2017
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MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Defendants' Joint Motion to Dismiss Plaintiffs Anderson, McHenry, and Donaldson Amended Complaint is DENIED. ECF No. 599. IT IS FURTHER ORDERED that the Clerk of Court shall file this Order in the lead case as well as Case No. 4:14-cv-00037. Signed by District Judge Audrey G. Fleissig on 8/8/2017. (NEB)
August 9, 2017
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MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Plaintiffs' motion for leave to file amended complaints on behalf of David Powell, Case No. 4:14-cv-00037 is GRANTED. ECF No. 609. IT IS FURTHER ORDERED that Plaintiffs shall have until August 14, 2017, to file an amended complaint pleading a cause of action under the Price-Anderson Act for injuries resulting in death, if appropriate, with respect to the Plaintiff listed above. IT IS FURTHER ORDERED that the Clerk of Court shall file this Order in the lead case as well as Case No. 4:14-cv-00037. Signed by District Judge Audrey G. Fleissig on 8/9/2017. (NEB)
December 20, 2017
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MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that the Plaintiffs in Anderhub, et al. v. Mallinckrodt LLC, et al., No. 4:16-cv-00655-AGF and Parmeter v. Mallinckrodt LLC, et al., No. 4:17- CV-01938-AGF, shall provide, no later than 60 days from the date of this Order, the disclosures required by Case Management Order No. 1 (ECF No. 286 in the Lead Case), as set forth above. Defendants shall confer in good faith with Plaintiffs' counsel in the above-noted cases regarding the previously agreed-upon format and manner of such disclosures. IT IS FURTHER ORDERED that the Plaintiffs in Anderhub, et al. v. Mallinckrodt LLC, et al., No. 4:16-cv-00655-AGF, Parmeter v. Mallinckrodt LLC, et al., No. 4:17- CV-01938-AGF, and all other cases consolidated in this matter, are reminded that the Case Management and other Orders entered in the Lead Case shall apply to all consolidated cases. IT IS FURTHER ORDERED that the Clerk of Court shall file a copy of this Order in Anderhub, et al. v. Mallinckrodt LLC, et al., No. 4:16-cv-00655-AGF and Parmeter v. Mallinckrodt LLC, et al., No. 4:17-CV-01938-AGF.. Signed by District Judge Audrey G. Fleissig on 12/20/2017. (NEP)
February 22, 2018
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that, no later than 14 days from the date of this Memorandum and Order, the parties shall meet with the Court-appointed Mediator, Randi Ellis, to engage in good faith settlement discussions. IT IS FURTHER ORDERED that a client representative with appropriate settlement authority on behalf of each party, and a representative of the United States Department of Energy with appropriate settlement authority, shall attend the above referenced mediation conference. IT IS FURTHER ORDERED that counsel for Mallinckrodt, Inc. shall provide a copy of this Memorandum and Order to its contact at the Department of Energy. Signed by District Judge Audrey G. Fleissig on 02/22/2018. (KCB)
June 20, 2018
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' motion to compel and for sanctions against Defendant Mallinckrodt LLC is GRANTED in part and DENIED in part, as set forth above. ECF No. 711. Mallinckrodt LLC shall produce the documents described above no later than 14 days from the date of this Memorandum and Order. IT IS FURTHER ORDERED that, to the extent that Defendant Mallinckrodt LLC continues to object to the production of any particular document on the basis that it is a draft expert report, this Defendant must, no later than 14 days from the date of this Memorandum and Order, produce the document to the Court for in camera review, along with a copy of any relevant draft and/or final expert report and any evidence or legal argument that the document is protected in light the principles described above. IT IS FURTHER ORDERED that the deadline for Plaintiffs to complete the depositions of Defendant Mallinckrodt LLC's experts is hereby extended until the later of 21 days after the date of production of the documents described above, or 21 days after the Court's ruling on any continued objection that a document constitutes a draft expert report. Signed by District Judge Audrey G. Fleissig on June 20, 2018. (BRP)